Gqeberha: Justice and Constitutional Development Minister Mmamoloko Kubayi has invoked Section 33(a) of the National Prosecuting Authority (NPA) Act in relation to the acquittal of former rape and sexual assault accused Timothy Omotoso and his co-accused, Lusanda Sulani and Zukiswa Sitho.
According to South African Government News Agency, the three were acquitted by the Gqeberha High Court of 32 serious charges, including allegations of rape, racketeering, and human trafficking. The Minister acknowledged the statement made by the NPA indicating their intention to study the judgment. However, she has also formally requested a comprehensive report from the National Director of Public Prosecutions to understand the factors that contributed to this outcome.
The department stated that Minister Kubayi remains resolute in her commitment to the fight against gender-based violence and femicide (GBVF) and reaffirms the government’s dedication to ensuring that perpetrators of GBVFs are held accountable. The request for a report comes amid concerns about apparent shortcomings in the prosecution’s handling of the case.
In the judgment, Judge Irma Schoeman noted that the prosecution’s cross-examination of the accused was inadequate, which led to the acquittal as the prosecution did not prove their case beyond a reasonable doubt. The judge criticized the poor quality of the state’s cross-examination, which Minister Kubayi pointed out as a significant setback in the pursuit of justice for victims of gender-based violence and related crimes.
The department further emphasized the need for a strengthened and meticulous approach in prosecuting cases to prevent injustices. Minister Kubayi’s concerns highlight the necessity for improvements in the prosecutorial process to ensure justice is served effectively.